Concerns raised by teachers group over UISD grievance process

Click through this gallery to see the top middle schools in Laredo, according to Niche.

Click through this gallery to see the top middle schools in Laredo, according to Niche.

Photo: LMTonline

Photo: LMTonline

Image
1of/17

Caption

Close

Image 1 of 17

Click through this gallery to see the top middle schools in Laredo, according to Niche.

Click through this gallery to see the top middle schools in Laredo, according to Niche.

Photo: LMTonline

Concerns raised by teachers group over UISD grievance process

1 / 17

Back to Gallery

The Laredo chapter of the Texas State Teachers Association has filed an appeal with the commissioner of education because they disagree with the way the UISD school board hears complaints filed by employees and students.

The group believes the entire board should hear a complaint, not just a select few.

The issue begins with the district having created a subcommittee —composed of three trustees — to hear grievances. Tony Conners, an attorney representing employees who have filed grievances, said he thinks the full board should hear the complaints.

"A board is defined as a quorum. How can we have a board hearing if we only have three members?" Conners said. "A subcommittee is not a board, and the board is important because they're the governing body of the district, elected by the community to act in the best interest of the district. Those board members, all seven, are accountable and responsible to hear these grievances and make decisions. If not, they're not doing their duty."

After hearing a grievance, the subcommittee meets with the rest of the board to render a recommendation. The school board is also provided with all the evidence and packet from the grievance hearing. They then vote on it.

Ernest Davila, organizational development specialist with the local chapter of the Texas State Teachers Association, said employees are robbed of their right by having a subcommittee in the board's place.

"It's the only time they actually can hear complaints from the employees," Davila said. "If the board is going to be listening to a subcommittee, then they've really blocked out the grievance." "The whole process is wrong, unfair and unjust to the employees of the district and the responsibility of our board members. As elected officials to oversee public education, they ought to be welcoming hearings from the grievant directly rather than a subcommittee."

At a UISD school board special-called meeting Monday night, Conners asked the board to dissolve the subcommittee and change its policy.

Conners recounted that he was "forced" to have previous grievance hearings before the subcommittee and said such practice was not proper.

If done before the full seven-member board, a grievance hearing gives trustees a chance to hear complaints firsthand and unfiltered, Conners said.

UISD revised its grievance hearing policy over a year ago to allow for the subcommittee.

"At the Board President's discretion, either a Board subcommittee or the Board shall provide a Level Three hearing," the policy states.

"Just because they have it in policy doesn't mean it's OK," Davila said.

Conners said he was further concerned about which members are chosen to be on the subcommittee. He expressed that the decision of who is on the subcommittee may influence the outcome of cases.

Juan Cruz, UISD attorney, said the subcommittee is based upon the availability of board members.

Although UISD's policy allows a subcommittee to hear complaints, Conners and Davila said they believed the board was in violation of employee rights. They said UISD engages in ex parte communication during its grievance processes.

Ex parte communication occurs when communication of a pending case takes place without the presence or knowledge of all parties involved.

Conners recalled his own experience during a level three grievance. He said they were conducted in an ex parte fashion, with neither of the parties present for the other side's hearing. Conners deemed this improper and said the entire process was not an appropriate practice of ethics.

"How can you possibly have a hearing if you can't hear what the other side has to say?" Conners said.

But the Texas Open Meetings Act, which applies to the process of grievances, allows for that to transpire. According to the act, "A governmental body that is investigating a matter may exclude a witness from hearing during the examination of another witness in the investigation."

Cruz said that having both parties in the room together is not a requirement.

"Everybody gets their due process respected in an orderly fashion and this subcommittee, which is done by other districts across the state, is legally permissible and acceptable," Cruz said.

Davila also said ex parte communication was possible when the subcommittee meets with the board to make their recommendation after hearing a grievance. Davila said doing away with the subcommittee would eliminate that ex parte communication.

During Monday's special-called meeting, trustees voted to amend the board policy concerning grievances. Now, all grievance hearings will be posted in accordance with the Texas Open Meetings Act to allow more than three board members to attend, Cruz said.

"In terms of grievance proceedings, the board may have both parties in the same room at the time of the presentation depending on the conduct of the party and the issues involved," he said.

Conners was still displeased with the outcome. He said only one issue, which dealt with ex parte communication, was resolved. Conners said they did not resolve the issue surrounding the subcommittee.

He said allowing more than three members to attend would create a de facto board hearing and asked why the district didn't just put a sufficient policy in place requiring the presence of a full board.

"They're leaving it up to chance that that extra fourth member would show up," he said. "They did not sufficiently amend policy to be in compliance with the legal requirements that the board has to have policy allowing for an employee to present a grievance before a board."

Conners said he intends to continue forward with the appeal filed with the state education commissioner.